FRONT MATTER.PMD - International Seabed Authority

Annex III: arts. 10-11
149
4. Any State Party which is a developing State or any natural or juridical
person sponsored by it and effectively controlled by it or by other developing
State which is a qualified applicant, or any group of the foregoing, may notify the
Authority that it wishes to submit a plan of work pursuant to article 6 of this
Annex with respect to a reserved area. The plan of work shall be considered if the
Enterprise decides, pursuant to paragraph 1, that it does not intend to carry out
activities in that area.
AGREEMENT, ANNEX, SECTION 2, PARAGRAPH 5
5. A contractor which has contributed a particular area to the Authority as a
reserved area has the right of first refusal to enter into a joint-venture arrangement
with the Enterprise for exploration and exploitation of that area. If the Enterprise
does not submit an application for a plan of work for activities in respect of such a
reserved area within 15 years of the commencement of its functions independent of
the Secretariat of the Authority or within 15 years of the date on which that area is
reserved for the Authority, whichever is the later, the contractor which contributed
the area shall be entitled to apply for a plan of work for that area provided it offers in
good faith to include the Enterprise as a joint-venture partner.
Article 10
Preference and priority among applicants
An operator who has an approved plan of work for exploration only, as provided
in article 3, paragraph 4(c), of this Annex shall have a preference and a
priority among applicants for a plan of work covering exploitation of the same
area and resources. However, such preference or priority may be withdrawn if the
operator’s performance has not been satisfactory.
AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 13
13. The reference in Annex III, article 10, of the Convention to performance
which has not been satisfactory shall be interpreted to mean that the contractor
has failed to comply with the requirements of an approved plan of work in spite of
a written warning or warnings from the Authority to the contractor to comply
therewith.
Article 11
Joint arrangements
1. Contracts may provide for joint arrangements between the contractor
and the Authority through the Enterprise, in the form of joint ventures or produc-